Should I hire an attorney?

Are you going through an investigation now? Tell your story and get feedback here.

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IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Should I hire an attorney?

Postby IamAgoodMom » Sun Aug 30, 2015 5:14 am

My 7 yr old son got in trouble at his summer program and had a meltdown because he was afraid they'd tell me. So, when the girl was trying to calm him down, he told her he didn't want me to know because he was afraid I'd beat him and that I have before. So, she called cps. I was on my way to pick him up after work when cps called and said they already talked to my son and were at my house and spoke with my dad (I live with my dad and close on my own home next week). She asked if I could speak with that day. So, I picked up my son and went home. She was already in my house because my dad let her in. She said my son told her I strangled him and have slapped him and beat him. But he also told her he doesn't always tell me the truth. I told her none of that was true and I wouldn't harm my son. I also told her he is known to tell stories in the past year or so. When she left, she said I would "most likely" never hear from her again. She left with my ex's number, my mom's number, and my son's doctor (same doctor who delivered him). I'm a huge Googler, so I did some researching online and of course started feeling panic when I read all the information. I spoke with 2 attorneys. Maybe nothing will come of this, but it's scary when it sounds like cps can do what they want even without proof. My son has not one mark on his body except for a couple bruises on his knee and shin from being a kid and a boy. The attorney I spoke is $2500. He said cps is aggressive and I need an aggressive attorney to put a stop to this spiraling out of control. I don't have a lot of money but I can charge an attorney on a credit card. This is only an investigation as of now but I don't want anything else to happen. I'm in fear for my sons rights as well as mine. Can anyone help advise me on if I should hire an attorney or if you think This will just be a closed case soon? I thank everyone in advance for any replies.

Also, when I spoke to my son, he said he was afraid I'd take his tablet and Xbox away again :(
IamAgoodMom

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Sun Aug 30, 2015 5:24 am

Please someone reply. I see a few users have viewed. I'd really appreciate any input someone's willing to give. Thank you

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: Should I hire an attorney?

Postby trina513 » Sun Aug 30, 2015 9:42 am

I would not rush. Just wait and see what happends because if you pay your attroney and you find out you dont need him will he return your money. I would try and get more information from the social worker to see if it goes anywhere.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Sun Aug 30, 2015 10:05 am

I know. I thought about that. The internet has really scared me and I just keep imagining they can do whatever they want without proof and knock on my door and take my little boy away from his home and his mom whenever they feel like it. Thanks so much for replying!

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Should I hire an attorney?

Postby *Lady Liberty » Sun Aug 30, 2015 10:25 am

Yes, I would. It is ALWAYS better to head it off, than to have to fight defending a case against you.

In addition, start now getting referrals from teachers, doctors, sport groups, etc.

Your ex and you need to unite, now or both of you risk losing your son.

They typically have 30 days to do an investigation. That is 30 days head start. They are not going to go out of their way to prove your innocence. They are building a case to prove you are guilty. So, use the time to start building your case.

Start educating your dad on his rights. Know your bill of rights, the state statues governing CPS, administrative codes, and their handbook.

Always record. Check your state laws on recording. Call the investigator that came and get her email. Summarize the encounter and send a receipt to the investigator, with something of the like this is a summary of the events that took place on such and such, which are true and accurate to the best of my knowledge, if I don't hear back in 10 days I will take that as an agreement of the facts.

You can write a letter at the school and keep it in your son's file that if CPS comes to interrogate your son that you are enacting your rights and your son's 4th and 14th amendment rights.

If you do not have a screen on your door, you might want to invest in a locked screen. Never open that screen. Teach your son to NEVER open the door.

Also, teach your son to not talk to them unless you are present.

DO NOT SIGN ANYTHING!!!! They will threaten that if you do not sign they will take your son immediately, call your lawyer. DO NOT SIGN. IF you are intimidated into signing, sign over your name UNDER DURESS, a court looks at consent under duress as no consent. IF you cannot write the full "UNDER DURESS", write 'UD.'

Chances are you will see them again, with an officer. Unless they have a warrant they cannot come into your home without your permission, they cannot take your child, unless you hand him over. They expect that you will do their job for them, do not waive your rights. IF you become intimidated into opening your door, say "I am opening my door under duress, I do not consent to search or seizure." Make sure it is loud and audible on recording.

The fight starts NOW. Once they take action you are left in a defensive position, a hole that you are digging out of as the soil continues to cave in around you. You are doing the right thing taking it seriously, seeking an attorney, and researching.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Should I hire an attorney?

Postby *Lady Liberty » Sun Aug 30, 2015 10:38 am

I should also tell you that your son's allegations are enough for probable cause. The court typically sides with the kids and believe that they would not lie about abuse. It is weighted more because this is not an anonymous call or a disgruntled ex, this is a child's cry for help. (That's how it is perceived).

CPS will distort everything. They will say that you said that your son is a liar in an attempt to cover up the abuse. Who knows what they could muster up while they were in your house or spoke with your father.

Also, assume you cannot trust anyone, including the teachers. So, document every encounter you have with them. And if you can get a statement that is contrary to the allegations. THE SOONER THE BETTER. Witnesses are never reliable, but especially when it comes to abuse and neglect. Mandated reports have been brainwashed and scared out of their wits end about what happens if they don't report, so they are hyper vigilant. The moment someone is suspected they start to play over and analyze every encounter, well there was that one time little Jimmy came in with a bruise, there was that one time she was late, there was that one time she gave him a weird look or raised her voice, etc.

Hope the best, prepare for the worse.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Sun Aug 30, 2015 1:26 pm

Wow, thank you for all the information! I am just sick over all this. I really wanted to believe I would most likely never see her again as she said. I have never been so scared about anything ever. My dad is shocked. He's home all the time and he said Jesus I'm here all the time and have never seen you harm your son. He's worried he made a mistake letting her in. He said she only looked in the fridge and checked to see if the water was running and looked in my son's bedroom for a second. Then she asked my dad if he was ever abused as a child or if I have ever hit my son. He told her no to both.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Should I hire an attorney?

Postby *Lady Liberty » Sun Aug 30, 2015 2:04 pm

Have your dad write up an Affidavit and notarize it too.

It is rare that it ever just goes away. No one can go back and undo what has been done. Just learn and and move forward from here. I don't ever intend to freak anyone out, but these people have very real power and I think it is better to be well informed than to be caught off guard later.

I hope you stay in touch and keep us informed of the outcome.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Sun Aug 30, 2015 5:12 pm

I will definitely post about the outcome and keep my post updated. This is all so heartbreaking. My heart goes out to everyone who finds this happening to them and their family. Thanks again.

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family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Should I hire an attorney?

Postby family_man » Sun Aug 30, 2015 6:19 pm

Most investigations **are** closed with allegations ruled out. You just never hear about them in forums like this one. Since coming to TX, we've been investigated three, maybe four times already. All of them were closed with all allegations ruled out and risk factors deemed to be under control. They all seem similar to yours.

However, we do have a family law attorney on call if we ever need her. We placed some money in her trust fund, most of which is refundable if we ever ask for it to be returned. I think it would be a good idea for you to do the same. Also collect all the evidence that you can, while you can, that the allegations are false.
Disclaimer: I am not an attorney, and this is not legal advice.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Sun Aug 30, 2015 7:12 pm

I thank you for your post. You lessened my anxiety a lot. I know nobody on here was trying to make me feel any worse than I already was. It's just my fears have completely taken me over today, and I'm a wreck.
I will definitely talk with the attorney tomorrow about the trust fund. That sounds like an excellent and very smart idea! I'm praying my investigation will close with allegations ruled out.
I'm sure the investigator will be contacting my mom and my ex tomorrow since she hasn't yet. Maybe our family doctor too. Hopefully, that will be enough to make this stop. I will keep you posted.
Thank you so much!

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Should I hire an attorney?

Postby *Lady Liberty » Sun Aug 30, 2015 8:04 pm

I would not agree that most cases are closed. I think there are different factors to help the case become closed. Typically if there is a third party agency providing assistance to the family (behavioral health or behavior mod for a kid) they will close the case. If there is an attorney in play, if the person knows their rights, will definitely help as they often will not pursue someone who has resources to fight. They go in for an easy kill.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Mon Aug 31, 2015 5:22 am

Well, my son was diagnosed with ADHD last September. I tried medication but did not feel comfortable with the side effects so discontinued it. Then worked closely with his teacher implementing a sticker chart in school. That helped. It didn't help completely but it helped. I haven't taken him back to the psychiatrist since that time.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Mon Aug 31, 2015 5:22 am

Well, my son was diagnosed with ADHD last September. I tried medication but did not feel comfortable with the side effects so discontinued it. Then worked closely with his teacher implementing a sticker chart in school. That helped. It didn't help completely but it helped. I haven't taken him back to the psychiatrist since that time.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Mon Aug 31, 2015 7:52 am

So far the investigator has not contacted my ex or my mom.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Should I hire an attorney?

Postby *Lady Liberty » Mon Aug 31, 2015 11:34 am

You will probably want to get a letter from the psych about that too, and that you didn't just stop services, that he didn't need additional services. That the decision to not medicate was a medical decision that did not produce harm. Anytime, a child has a mental illness, they are at more risk for CPS interference. Cover your bases.

They can say that you medically neglected him, went rogue against professional advise, etc. There was a parent, who treated their child with a natural lotion rather than steroid creme for a mild case of eczema, the state got involved, I don't recall the details or to what depth they were involved, but it is ridiculous.

IamAgoodMom
Posts: 13
Joined: Sat Aug 29, 2015 1:22 pm

Re: Should I hire an attorney?

Postby IamAgoodMom » Mon Aug 31, 2015 3:14 pm

The investigator did not contact my son's doctor, my mom or my ex today. Is this odd? She seemed so diligent Friday afternoon.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Should I hire an attorney?

Postby *Lady Liberty » Mon Aug 31, 2015 3:51 pm

No, don't put anything into it. They have 30-45 days generally depending on your state. You may have gotten a lazy one, who isn't going to do much investigating, she could just be busy with others, or out sick, or taking her time. Never know.

Just don't let your guard down, keep getting your supporting documents together, keep the house clean, no absences from school, that sort of thing. And remember to breathe.


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